HOUSE BILL REPORT

                 ESHB 1223

                    As Passed Legislature

Title:  An act relating to landlord‑tenant relations.

Brief Description:  Addressing the public nuisance activities of tenants.

Sponsors:  By House Committee on Law & Justice (originally sponsored by  Representatives Carrell, Zellinsky, Talcott, Hickel, Thompson and Conway).

Brief History:

Committee Activity:

Law & Justice:  2/4/97, 2/27/97 [DPS].

Floor Activity:

Passed House:  3/12/97, 95‑2;

Passed House:  1/12/98, 90-3.

Senate Amended.

House Concurred.

Passed Legislature.

HOUSE COMMITTEE ON LAW & JUSTICE

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 8 members:  Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Carrell; Lambert; Radcliff; Sherstad and Skinner.

Minority Report:  Do not pass.  Signed by 5 members:  Representatives Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Cody; Kenney and Lantz.

Staff:  Trudes Hutcheson (786-7384).

Background:  The Residential Landlord-Tenant Act establishes various duties of landlords and tenants and provides remedies when those duties are not met.  For example, the tenant has a duty to, among other things, keep the premises clean, not intentionally destroy the dwelling, not permit a nuisance or commit waste, and not engage in any drug-related activity.

If the tenant does not comply with any of the statutory duties and the failure to comply substantially affects the health and safety of the tenant or others, the landlord must give the tenant written notice of the noncompliance and allow the tenant 30 days in which to comply.  Under certain circumstances, such as when the tenant is engaged in drug-related activity, the landlord need not provide written notice of noncompliance and wait 30 days.  Instead, the landlord may terminate the tenancy and proceed directly to an unlawful detainer action.  An unlawful detainer action allows the landlord to evict the tenant and regain possession of the property if the tenant does not vacate the property after being served with a notice to vacate.

Summary of Bill:  The tenant has a duty not to engage in any gang-related activity that renders people in at least two or more dwelling units or residences insecure with respect to their lives or the use of their property, or that injures or endangers the safety or health of people in at least two or more dwelling units or residences.  "Gang-related activity" means activity that occurs within a gang or advances a gang purpose.  "Gang" means a group that:  (a) consists of three or more persons; (b) has identifiable leadership or an identifiable name, sign, or symbol; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.

In determining whether gang-related activity is occurring, the court should consider the totality of the circumstances, including factors such as whether there have been numerous complaints, incident reports to police, property damage, and arrests.

The landlord may terminate the tenancy for gang-related activity and proceed directly to an unlawful detainer action.  The landlord is not liable for bringing an unlawful detainer action if he or she acted in good faith. 

Any person whose life, safety, health, or use of property is being injured or endangered by the gang-related activity and who resides, works in, or owns property in the same building or within a one block radius may give the landlord a notice and demand that the landlord commence an unlawful detainer action.  A copy of the notice and demand must be given to the tenant as well.  Within 10 days from the time the notice and demand are served, the landlord must take reasonable steps to investigate whether there is gang-related activity occurring. 

The person may petition a court to have the tenancy terminated under the following circumstances:  (a) if the landlord fails to take any action within 10 days of the notice and demand; (b) if the landlord believes there is no gang-related activity; or (c) if, after the landlord's attempt to stop the activity, the tenant fails to comply within a reasonable time.  The court may not terminate the tenancy unless the allegations of gang-related activity are corroborated by a source other than the petitioner.

The prevailing party in the action will recover reasonable attorney's fees.  However, regardless of which party prevails, the court must order the landlord to pay costs and reasonable attorney's fees to the injured person if the landlord failed to conduct any investigation.  The court may impose sanctions against a petitioner for bringing multiple actions against the same tenant with the intent to harass.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Allowing landlords to bring an unlawful detainer action against a tenant engaging in adverse activity will help maintain safe neighborhoods.  Because there is already a lack of housing for low-income tenants, it is especially important to keep the existing low-income communities a safe place to live.  However, the bill as written may not address the entire scope of problem tenants.

Testimony Against:  None.

Testified:  Representative Carrell, prime sponsor; Mark Paulsen, Washington Landlord Association (pro); Teresa Bosler, Manufactured Housing Communities of Washington and Thurston County Rental Owners Association (pro); and Majken Ryherd Keira (pro, with concerns).